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Montez v. Montez

Court of Appeals of Arkansas, Division II

April 12, 2017

DANIEL MONTEZ APPELLANT
v.
CONSUELA MONTEZ (NOW TRUJILLO) APPELLEE

         APPEAL FROM THE WASHINGTON COUNTY CIRCUIT COURT [NO. 72DR-14-1919] HONORABLE JOANNA TAYLOR, JUDGE

          Reece Moore Pendergraft LLP, by: Timothy C. Hutchinson, for appellant.

          Elizabeth Finocchi, for appellee.

          RAYMOND R. ABRAMSON, JUDGE

         Daniel Montez appeals the Washington County Circuit Court's order denying his motion to change custody of his children, M.M. and J.M., and granting the motion of his former wife, Consuela Montez, to modify his child-support payments. On appeal, Daniel argues that the circuit court erred in finding that he failed to establish a material change in circumstances warranting a modification of custody. In the alternative, Daniel argues that the court erred in modifying his child-support payments, imputing his annual net income to $398, 690, and failing to apply the factors from Arkansas Supreme Court Administrative Order Number 10 ("Administrative Order No. 10") that would require a downward deviation from the family-support chart. We reverse and remand.

         On January 9, 2015, the Washington County Circuit Court entered a divorce decree for Daniel and Consuela. The decree incorporated the parties' property-settlement and child-custody agreement. The agreement provided in part

1.Child Custody and Visitation: The parties agree that they are both fit and proper parents. The parties agree that they shall enjoy joint custody of the two minor children, [M.M. and J.M., ] and shall endeavor to have equal time with the minor children as delineated herein.
a. Each parent shall have the minor children in his/her physical care and custody alternating weeks from Friday at 6:00 p.m. until the following Friday at 6:00 p.m., or as otherwise mutually agreed by the parties. The parent picking up the children for his/her week shall provide transportation. . . . .
2.Support and Maintenance of the Children:
a. That because the parties shall share joint custody and spend equal time with the children, neither party shall pay child support to the other.
. . . .
3. Division of Property: . . . .
a. Business: During the marriage, the parties each owned an equal one-half share of businesses they owned and operated during the marriage, namely "Finishing Touches, " a construction business, and "Venture Properties of NWA, " which rents and manages investment properties. [Consuela] shall relinquish any and all ownership interest and liability in these businesses . . . as well as her employment at "Venture Properties" with the exception of and in exchange for the following: . . . .
ii. Weekly payments of $500.00 (an amount equal to her net pay as an employee of "Finishing Touches") for three (3) years following the filing of this Order, due on each and every Friday beginning with the first Friday in January 2015. Payment shall be made regardless of the ...

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